TERMS & POLICY

     The following term and conditions, wording “we”, “us”, and “our” refer to “The-4 Element Thai Massage. All information on this website, including the purchase of our product/s, is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
 
Since we reserve the right to change these terms at any. We, therefore, recommend that each time you access our website, you read these terms and conditions.
 

Refund Policies 

Notify us  more than 3hrs, 100% refund of the Booking deposit.

• Failure to provide 3hrs notices before your appointment time will charge 100% of the Booking deposit.

• No show at a scheduled appointment and then ignoring us when we contact you will charge 100% of the Booking deposit.

• There is no fee for changing the time frame of a scheduled appointment within a therapists availability

• Turning up late to your appointments will reduce your session time according to the booking time left (non-refundable).

• All online Gift Vouchers are non-refundable.

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Online Product Orders

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

• We provide and serve our products to customers within Australia only.

• We endeavor to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

• All prices are in Australian Dollars (AUD) and are inclusive of GST and we reserve the right to amend our prices at any time. 

• Packaging and postage is an additional charge, calculated at the time of purchase and we are not liable for delivery delays by the third party. 

• To purchase our products from us, we request you to provide your name, address for delivery, email address, telephone contact, and credit card details. According to the privacy policy, we take responsibility to care with your information, however, we are not liable for its misuse due to error in transmission or virus or malware.

• Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

• All risk of loss or damage to the goods passes to you when we despatch the goods.

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Order Cancellation Due To Error

Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

 

Product Descriptions

We attempt to ensure that our products are described as accurately as possible, where we become aware of any misleading, we reserve the right to correct any error or omission. 

• Images provided on the website aims for illustrative purposes only, we then do not guarantee that the image will reflect or portray the full design or options relating to that product or service. 

 

Our website and in-venue Services

By proceeding to purchase/use services through our website, you acknowledge that you are over 18 years of age. In our venue, services can be provided only for customers under 18 who are under the supervision of an adult on the premises during the session.

• All prices are in Australian Dollars (AUD) and are inclusive of GST. Our menus, treatment, and pricelists can be accessed from the homepage, and we reserve the right to amend the information and prices at any time. 

• If you have purchased our product and we are short of stock to full your order, we reserve the right to cancel your order and rearrangement. 

Site Access

It is our right to reserve and give you a limited license to access and use our information for personal use.

• Under the Copyright Act 1968, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

• To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 

• We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse, and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act, we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a consumer.

• If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.

• As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-

(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
(ii)  If we are a repairer of goods capable of retaining user-generated data, then we hereby give you notice that the repair of those goods may result in the loss of the data. 
(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

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Limitation of Liability

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication that originates with a user and not with Us.
(iv) We do not participate in any way in the transactions between our users.

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Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 

Force Majeure

• If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

• These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.

• If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.